Court No. - 43 Case :- CRIMINAL APPEAL No. - 8167 of 2009 Petitioner :- Sanjay And Others Respondent :- State Of U.P. Petitioner Counsel :- Santosh Shukla Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard the learned counsel for the appellants and learned AGA.
Admit.
Summon the trial court record.
The appellants have been convicted in S.T. No. 568 of 2006 for the offences
under sections 307,325, 504,506 IPC and the maximum sentence awarded to
him is 4 years R.I. The rest of the sentences are lesser sentences and all the
sentences have been ordered to run concurrently.
On the bail prayer of the appellants and suspension of sentence under section
389 Cr.P.C. it is submitted by the counsel for the appellants that the appellants
were on bail during the trial and they have not misused the liberty of bail. He
further contended that the appeal is not likely to be heard in near future. He
further contends there was rival defence version before the trial judge which
has been wrongly disbelieved and the prosecution has not offered any
satisfactory explanation of the injuries sustained from the side of the
appellants.
Learned AGA could dispute the said fact.
Without expressing any opinion on the merit, let the appellants Sanjay,
Dinesh, Gaya Prasad and Mahendra be released on bail on their furnishing a
personal bond of Rs. 1 lac with two sureties each in the like amount to the
satisfaction of trial judge concerned in the above Sessions Trial for above
offence. As soon personal and surety bonds are furnished, photocopies of the
same are directed to be transmitted to this court forthwith by trial judge
concerned to be kept on the record of this appeal.
Appellants are allowed one month time to deposit half of the amount of fine
awarded to him. Rest half of the amount of fine shall remain stayed during the
pendent elite of this appeal in this court.
Order Date :- 5.1.2010
Gss